Feldman v. Zoetop Business Co., Ltd.

Background

Shani Feldman and Tal Dekkers sued Zoetop Business Co., Ltd., doing business as SHEIN and ROMWE. The parties stipulated to, or jointly agreed on, a confidentiality agreement and protective order for information exchanged during the pretrial discovery phase. The court found good cause for issuing a tailored order under Federal Rule of Civil Procedure 26(c), which allows courts to protect information exchanged in discovery.

Order’s Main Terms

The order covers discovery material designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY’S EYES ONLY.” It states that confidential material may be used only to prosecute, defend, or attempt to settle this action. It also requires recipients to store the material securely and limits disclosure to specified people, including counsel, certain employees, experts who agree to be bound by the order, court personnel, court reporters, professional vendors, and agreed-upon mediators. Highly confidential material is subject to narrower disclosure rules.

The order requires parties and nonparties to make specific, good-faith confidentiality designations rather than designating material indiscriminately. It describes how designations must be made for documents, testimony, and other tangible material. A party or nonparty may challenge a designation after attempting to resolve the dispute through a good-faith discussion, and the designating party bears the burden of persuasion in any challenge.

The order also addresses subpoenas or court orders from other litigation, confidential information belonging to nonparties, unauthorized disclosures, and the inadvertent production of privileged or otherwise protected material. It explains that the protective order does not automatically authorize filing material under seal. Parties seeking sealing or redactions generally must follow specified electronic-filing, discussion, and motion procedures and must address the standards identified by the U.S. Court of Appeals for the Second Circuit.

Duration and Final Disposition

The confidentiality obligations continue after the case’s final disposition unless the designating party agrees otherwise in writing or a court order provides otherwise. After final disposition, a receiving party generally must return or destroy protected material within 60 days of a written request and provide a written certification. Counsel may retain archival copies of specified litigation materials, but those copies remain subject to the order. Violations may result in measures including contempt proceedings or monetary sanctions.

Disposition and Classification

The court ordered that the confidentiality restrictions and procedures apply to information and documents exchanged during the pretrial phase of the action. Judge Analisa Torres signed the order as “SO ORDERED” on June 1, 2022. The opinion is a procedural order concerning discovery and confidentiality; it does not resolve the merits of the plaintiffs’ claims or the defendant’s defenses.